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HindustanTimes Sun,24 Aug 2014

HC rejects PIL filed after completion of building

HT Correspondent, Hindustan Times  Mumbai, June 20, 2013
First Published: 11:18 IST(20/6/2013) | Last Updated: 11:43 IST(20/6/2013)

The Bombay high court on Tuesday declined to entertain a public interest litigation (PIL) seeking the demolition of a multi-storied building in Andheri (W) which has been constructed on a designated road shown in the sanctioned Development Plan (DP).

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The high court said the PIL was filed belatedly — five years after the completion of the building.

“We are not inclined to entertain the PIL in view of the fact that the building in question was completed in 2007 and the PIL is filed in the year 2012,” said the division bench of Chief Justice Mohit Shah and Justice MS Sanklecha, while rejecting the PIL filed by 41-year-old businessman Jethalal Patel.

Patel alleged that the Slum Rehabilitation Authority (SRA) had cleared plans for construction of the multi-storied building on an 18.30-meter wide designated DP road, and that the developer destroyed the underground drainage line.

A multi-storied building could not have been allowed to be constructed on a busy DP road without amending the DP by following procedure prescribed under the Maharashtra Regional and Town Planning Act, 1966, argued Patel's counsel. He pointed out that the DP road was being aligned with two unnecessary right turns that would create traffic problems.


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